GUILTY! Jury convicts Wisner Desmaret of 2018 murder of Fort Myers Police officer

Thursday is the day a Lee County jury begins to determine whether they will recommend Wisner Desmaret lives or dies, but the defendant didn't appear concerned.

"Can I leave now?" Desmaret asked upon hearing the jury's verdict Wednesday. "Do I have to be present tomorrow? I really don't want to come."

Lee Circuit Judge Robert Branning said Desmaret is required to attend.

The 12-member jury convicted Desmaret, 34, of Fort Myers, on Wednesday of all eight charges against him in the death of a Fort Myers Police Officer Adam Jobbers-Miller in 2018, the attempted murder of a second officer and lesser charges.

The murder charge carries the possibility of the death penalty. Branning said court was to reconvene at 8:45 a.m. Thursday to begin the penalty phase. The jury must unanimously decide on the death penalty. If they do, Branning may choose to impose the death penalty or sentence Desmaret to life in prison.

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The jury convicted Desmaret after two-and-a-half days of trial and about three hours of deliberation. The charges were: first-degree murder, attempted murder of a second Fort Myers police officer, resisting an officer with violence, robbery, depriving an officer of his means of protection, aggravated assault on a law enforcement officer, burglary of a conveyance and petty theft.

State Attorney Amira Fox, 20th Judicial Circuit, and Assistant State Attorney Andreas Gardiner prosecuted the case. Desmaret represented himself with Lee Hollander as standby counsel. As the jury deliberated, Desmaret told Branning that Hollander was "fighting for the state." Branning assured Desmaret that Hollander was helping him.

"He sounds like he’s prosecuting me," Desmaret said.

Standby counsel says trial 'kind of frustrating'

As standby counsel, Hollander spoke to news media after the verdict, calling the four days of jury selection and subsequent trial "kind of frustrating." He said it comes down to "a question of competence" on Desmaret's part.

Desmaret's sister, Shellie Desmaret, and brother Jimmy Mera, both of Fort Myers also questioned the court's decision to allow Desmaret to represent himself. They also spoke to the news media after hearing the verdict. Shellie Desmaret said more than 20 mental health professionals are on record as listing concerns.

"I don't know why he was found competent," Mera said.

"He has a history," she said, concerned that not one professional was called as a witness.

The Desmaret family, none of whom outwardly reacted as the jurors revealed their findings, said they had anticipated the verdict.

Desmaret went through at least two competency hearings, which had delayed the trial by months. The last hearing determined that he understood the ramifications of representing himself.

"The trial was complete bulls...," Shellie Desmaret said, later adding "I hope the case is really looked into."

What happened on July 21, 2018

Jobbers-Miller was shot on July 21, 2018 after responding to a Marathon Station on Martin Luther King Jr. Boulevard regarding a stolen cell phone. He died seven days later at Lee Memorial Hospital.

Prosecutors argued that Desmaret was on a rampage the day of the shooting.

Desmaret shot at two other officers that day — Lt. Peter Tarman and Sgt. Matthew Zarillo, the prosecution showed. He was also convicted of attempted second-degree murder of Tarman.

Desmaret said he never intended to kill anyone, and that he ran fearing for his life moments before he shot Jobbers-Miller after wrestling the officer's gun from him.

During deliberations, jurors questioned the legality of Jobbers-Miller chasing Desmaret, as well as what the law said about Desmaret being required to remain at the scene while not arrested. Branning ruled the jury would have to rely on evidence presented during the trial.

Adam Jobbers-Miller's family in courtroom

About a half-dozen of Jobbers-Miller's family attended the trial, also showing little reaction to the verdict.

They left without comment after Branning dismissed the jury for the day.

What's next in the trial of Wisner Desmaret?

The jury will hear from the prosecution as it argues for the death penalty. Once the jury delivers its decision, Branning will likely set a date for formal sentencing.

Capital cases are automatically appealed directly to the Florida Supreme Court. The first step in the process is called the direct appeal. A defendant must file a notice of appeal within 30 days of the conviction and sentence.

Hollander, as stand-by counsel, said he is likely the one to file an appeal.

This article originally appeared on Fort Myers News-Press: Lee County jury convicts Wisner Desmaret in Fort Myers police murder